Home > Uncategorized > What could be simpler?

What could be simpler?

I have been confused by the way the courts and DHCR debated over whether buildings which receive J-51 benefits are Rent Stabilized. Below is a link to Page 16 of the J-51 Guidebook. It is clear and simple. 

 

On January 16, 1996 DHCR issued an Opinion letter to Belkin Burden Wenig & Goldman, LLP, here is a copy of the Opinion Letter from the DHCR. This Opinion letter created the confusion over whether or not buildings receiving J-51 benefits were subject to Rent Stabilization. Read (link below) this opinion and Kudos to you if you can make heads or tails of the language they use.

 

The opinion letter refers to NYC Administrative code 11- 242 and 11-243 (link below). Nowhere in these documents do I find language that affirms a stance of the RSL not being activated as a result of a building obtaining J-51 benefits. It does say in 11-244 section 6d ii “all dwelling units, except owner occupied units, shall be subject to the emergency housing rent control law or the local housing rent control act or the tenant protection act of the nineteen hundred seventy –four, or any local laws enacted pursuant thereto or the rent stabilization law of nineteen hundred sixty-nine;” Pretty clear to me.

 

I cannot find specific language in Real Property Tax Law Section 489 that is specific to this issue. I will post it when I locate it. Below is a link to a report done by Eastern Consolidated synopsis of the Decision and its implications regarding J-51 and Stuyvesant Town.

Links:

DHCR Opinion Letter – DHCR opinion letter dated January 16, 1996 re J-51

Page 16 J-51 Guide book – Page 16 J-51 Guide Book

NYC Admin Code 11-243 and 11-244NYC Admin Code Pt. 1 and 11-243 

NYC Admin Code Pt. 1 and 11-244

Eastern Consolidated synopsisThe Ruling on Stuyvesant Town and Peter Cooper Village_November 2009

Advertisements
Categories: Uncategorized
  1. No comments yet.
  1. No trackbacks yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: